Governor Newsom signed Assembly Bill (AB) 113 which enacts changes to the collective bargaining process for agricultural workers.

In September 2022 Newsom signed Assembly Bill (AB) 2183  which established new ways for farmworkers to vote in a union election under the Agricultural Labor Relations Act (ALRA), including options for mail-in ballots, and authorization cards submitted to the California Agricultural Labor Relations Board (the Board), in addition to the existing in-person voting process.

AB 2183 also imposes civil penalties on agricultural employers that are found to have committed unfair labor practices of up to $10,000 for each violation and up to $25,000 for cases where the employee suffers “serious economic harm.” Significantly, the legislation allows the Board to impose personal liability on directors and officers of the employer.  In addition, AB 2183 requires employers to post an appeal bond in cases where an employer seeks to appeal an order of the Board involving monetary awards or economic benefits to employees or unions.

At the time of signing AB 2183 Newsom, the United Farm Workers, and the California Labor Federation agreed on clarifying language to be made to the enacted law. AB 113 implements the provisions of that agreement.  

AB 113 makes the following changes to the collective bargaining process:

  • Eliminates the option to conduct union elections using mail-in ballots.
  • Retains the option to conduct union elections via “card-check” system, also referred to as the “the Majority Support Petition.”
  • Limits the number of card-check elections that result in the certification of labor organizations to 75 certifications.

Under the bill, these changes would sunset on January 1, 2028, and at that time the card-check elections will no longer be an available option for union elections.

AB 113 takes effect immediately as a Budget Bill.

Jackson Lewis will continue to track legislation in California relevant to employers. If you have questions about the application of AB 2183/ AB113 or related labor issues, contact a Jackson Lewis attorney to discuss.

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Photo of Jonathan A. Siegel Jonathan A. Siegel

Jonathan A. Siegel is a principal in the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Jonathan also provides advice and counsel regarding labor and…

Jonathan A. Siegel is a principal in the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Jonathan also provides advice and counsel regarding labor and employment law with respect to various issues including wage and hour law, reduction in force, WARN Act, corporate restructuring, layoffs, discipline, leave management, harassment and discrimination issues. Jonathan defends employers regarding different varieties of wrongful termination and discrimination claims.

Photo of Allen F. Acosta Allen F. Acosta

Allen F. Acosta is of counsel in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace and labor law matters, including preventive advice and counseling and representing employers in labor negotiations and arbitrations. Allen advises…

Allen F. Acosta is of counsel in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace and labor law matters, including preventive advice and counseling and representing employers in labor negotiations and arbitrations. Allen advises clients on compliance with federal, state and local employment laws, including Family and Medical Leave Act, California Family Rights Act, Fair Employment and Housing Act, Fair Labor Standards Act, National Labor Relations Act and Americans with Disabilities Act.